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Judgment
5 paragraphs · 207 wordsManoj K. Tiwari, J.
By means of this application under Section 482 Cr.P.C., applicant has sought relief for quashing of the summoning order dated 21.03.2016 as well as entire proceedings of Criminal Case No. 2455 of 2016, under Sections 27, 35, 51 and 52 of Wild Life Protection Act, 1972 and Section 26 of Indian Forest Act pending in the court of learned Chief Judicial Magistrate, Haridwar.
Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Hon'ble Supreme Court in catena of decisions has held that power available to a High Court under Section 482 Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.
Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed.
However, in case applicant surrenders before the court below on or before 14.11.2018, and moves an application for his bail before the learned trial court concerned, the same shall be considered as far as possible on the same day itself. It is further made clear that the non-bailable warrant issued against the applicant shall be kept in abeyance till 14.11.2018 only or till the surrender of the applicant.